WHAT IS GIFT UNDER TRANSFER OF PROPERTY ACT, 1882

“Gift” is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person called the donor, to another called the donee and accepted by or on

behalf of the donee. Such acceptance must be made during the life time of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

Essentials:

(1) There must be a transfer of ownership.

(2) The subject matter of gift must be a certain existing movable or immovable property.

(3) The transfer must me made voluntarily.

(4) It must be done without consideration.

(5) There must be acceptance by or on behalf of the donee, and such acceptance must be made during the lifetime of the donor and while he is capable of giving.

The essence of a gift is that it is a gratuitous transfer.

According to Section 123, a gift of immovable property must be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. A gift of movable property may be made by a registered instrument or by delivery of property.

Revocation of gift: A revocable gift is one which may be revoked by the donor at any time. It is to be noted that a gift cannot be revoked at the will and pleasure of the grantor. If the revocation of gift depends upon the mere will or pleasure of the donor, then such a gift is void. But on the other hand, if the condition is one which does not depend on the will or pleasure of the donor, the gift can be revoked on the happening of such condition.

Example

(a) A gives a field to B, reserving to himself, with B ‘s assent, the rights to take back the field in case B and his descendents die before A, B dies without descendents during A’s lifetime. A may take back the field.

(b) A gives a lakh of rupees to B, reserving to himself with B’s assent the right to take at leisure 10,000 rupees out of one lakh. The gift holds goods as to 90,000 rupees but is void as to 10,000 rupees which continues to belong to A.

Case Study

(1)It was held by the Privy Council, that while registration is a necessary solemnity for the enforcement of a gift of immovable property, it does not suspend the gift until registration actually takes place, when the instrument of gift has been handed over by the donor to the donee and accepted by him, the former has done everything in his power to complete the donation and to make it effective and if it is presented by a person having necessary interest within the prescribed period the Registrar must register it. Neither death nor the express revocation by the donor, is a ground for refusing registration, provided other conditions are complied with . (Kalyan Sundaram Pillai vs. Karuppa Mopanar AIR 1927 PC 421)

(2)Delay in registration of a gift does not postpone its operation Section 123, Transler of Property Act, 1882 merely requires that donor should have signed the deed of gift. Hence a gift deed can be registered even if the donor does not agree to its registration. (Kalyas Sandarum Pillai Karuppa Mopanar AIR 1927 PC 42); (Venkats Rana Reddy Pilian Raina Reddy AIR 1973 Mad. 282).

SHOULD ABORTION BE BANNED WORLDWIDE ?

The discussion about whether abortion ought to be a legitimate alternative keeps on isolating individuals. Some are agreeable to it while others are against it. However, prior to going to the determination we should investigate it’s advantages and disadvantages.

ADVANTAGES:

1.There are a few contentions that one forward on the side of fetus removal. As a matter of first importance, any birth of a youngster ought to happen whenever the guardians need and not by some coincidence. This way it would go far in helping the world to have a climate where all youngsters that are brought into the world in this world have a climate favorable for legitimate turn of events.

2.There is no requirement for swelling the world with numerous kids who can’t approach essential necessities like sufficient attire, food, haven, and instruction.

Abortion activists are ready for Justice Kennedy's retirement — Quartz

3.It ought to likewise be noticed that when an individual chooses to carry out an abortion it isn’t out of her aversion for youngsters but since she feels that it would not be an insightful choice to continue with the pregnancy as it is as yet not yet the ideal opportunity to have a child.

4.On account of assault or inbreeding, keeping a pregnancy is very damaging to the individual assaulted as nobody would wish to keep a kid that is a consequence of this, and the best answer for this issue is to abort the unborn kid.

5.At times entanglements can happen to a pregnancy that might put the existence of the mother or unborn youngster in harm’s way and surprisingly now and again every one of them. For this situation, abortion should be allowed to save the actual wellbeing of the mother.

DISADVANTAGES:

1.As indicated by Koster, abortion is just a brief and unreasonable choice that cause ladies to feel that they have gotten some help to an undesirable kid against odds of extremely durable loss of fruitlessness.

2.She further argues that although removing an unwanted pregnancy may somehow offer relief to the woman the possibility of becoming infertile especially if an unqualified person performed the operation is very significant and once you lose your fertility there is zero chance that you will regain it.

3.Even when performed by a qualified medical doctor there is a chance that complications may arise like in some medical procedures and if this happens, you could definitely lose your fertility.

4.The alleviation that one feels after procuring an abortion is typically brief, and it passes on after some time prompting a long-lasting sensation of blame and bitterness. In fact, in most of the times, this feeling of relief is just a deliberate attempt by the psychology of a person to delete the sense of guilt and shame that creeps in immediately one procures an abortion.

5.A great deal of favorable to lifers would liken early termination to murder, and it is consequently ethically off-base and ought to be prohibited. Genovesi characterizes murder as a purposeful demonstration of removing the existence of an individual. He further adds that since the baby of an individual has life, then, at that point removing it will add up to killing it, which is equivalent to kill.

India's new abortion law is progressive and has a human face | ORF

CONCLUSION:

The way things are today, it appears to be the discussion on abortion won’t reach a conclusion soon. There ought to be endeavors to give an unmistakable approach on this issue that would be worthy in the entire world through a worldwide body like the United Nations.

Apart from that the church and other organizations that are anti-abortion ought to soften their stand in some incidences like rape which are too traumatizing.

RESOURCES:

https://ivypanda.com/essays/pros-and-cons-of-abortion-to-the-society/

2. https://abortion.procon.org/

Climate Change: learning it again after 7 years

Global Warming vs. Climate Change | Resources – Climate Change: Vital Signs of the Planet — I learnt of Climate change and global warming in high school and just revisited it after 7 years.

On the 6th of June 2018, Texas was hit by a hail storm – in the middle of a summer. The Artic has lost more than 50% of its ice. Russia, US, Scandinavian countries and many more are already on their way to claim the resource rich seas. The average temperature of the world is higher than ever. The awe that people had when the skies were clearer during the near global lockdown due to COVID-19 was evident. The amazon rainforests are on fire, yes, they still are. The Canadian and European forests are burning faster and earlier than in recorded history. There have been cases of untimely forest fires in India as well, not to forget that a large part of Australian bush wilderness was lost in 2020. To add to this, a million cubic meters of the Gulf of Mexico is dead, Antarctica is browning, Yemen has lesser water than the already no water situation and many countries have brought green energy into their federal budgets. That’s a lot many things happening together.

When I was still a high school student, we had studied about all the important conventions and their goals with regards to the planet – the Kyoto protocol, the Montreal Protocol and so on. Then came the Paris Accords. To add to it was the information that global temperatures must be limited to a degree and half more than the 1950 level or else the planet will go berserk. I don’t know how old the new news is, but the news is that the scientists concluded that there is no way the goal can be achieved. And now we must try to limit the temperature at four and a half degrees above the previously said level to avoid the loss of agricultural lands across the planet.

That is a huge leap of faith for me and maybe for many more people who do not really invest even very small amounts of time to know the news that the planet has to give. We are too occupied with corruption, civil wars and international blame games. To be frank, I try not to waste water, electricity or even throw plastics or dump trash outside a bin or a designated area. I try to walk or cycle and as of now, just lie around in my room for most of the time. And the trouble is, the environmental problems are too large now. Because one, everyone doesn’t carry out the simple acts of being considerate towards the environment and two, the emissions by the rich and the ones not so rich but busy in producing what we consume are too big and have restrictions full of loop holes on them. The environment norms are yet not very sturdy. Sturdy is not strict, rigid and harsh. Sturdy are the ones that help. For instance, to implement rules eliminating the use of fossil fuels based vehicular fuel eliminates the exhaust the vehicles shall produce. However, in most countries, especially the most populated ones in Asia, South America and Africa still produce their energy using fossil fuels. How are these countries going to charge electric vehicles? Using fossil fuels. That in turn means the use of “dirty” energy is itself not eliminated. There are several more examples like the flawed system of Carbon credits and so on.

What can we do? Be more considerate to the world to reduce domestic output of toxins. And to reduce consumption of goods that are harmful to this planet. And google is a sufficient enough aid for knowing which products do that and which don’t.

Every Indian should be mindful of the potential ten Laws and Rights

The Indian judicial system has bestowed a great deal of authority on the citizens of the country to guard their basic rights. Regrettably, not everyone is aware of their rights and power. As an Indian citizen, it is critical that you are knowledgeable with the country’s laws and rights that not only protect people’s interests but also make our lives easier. Below providing 10 rights and liabilities that everyone should be aware of:-

1.If your cylinder bursts, you are entitled to a 40-lakh insurance payout.

According to the legislation, all registered LPG users are entitled to a Rs 40 lakh insurance policy in the event of death or property damage caused by cylinder explosions. This is a blanket for the whole family. But however, this is partly true as reported, the insurance coverage is not Rs 40 lakh. The court decides the amount according to the victim’s age, salary and other conditions. To claim this compensation, customers must file a FIR with the nearest police station and send it to the gasoline business in question.

2. Motor Vehicle Act 1988

Sections 185 and 202 of the Motor Vehicle Act of 1988 provide that if your 100ml blood contains more than 30mg of alcohol while driving, the police can arrest you without a warrant.

3. Women can only be arrested by female cops.

Only female officers have the authority to arrest women, and they must remain at the police station the whole time. If only male cops have arrived for the arrest, women have the right not to attend to the station. Male police officers should obtain a formal authorization from the magistrate to escort the lady in the event of a serious offence.

4. Section 46 of Criminal Procedure Code- Before sundown, women should be detained.

Women must be detained before sundown, no lady can’t be arrested earlier than 6 A.M. and after 6 P.M.

5. In hotels, you can ask for water and use the restroom for free under the Indian Sarais Act of 1887.

A person is permitted by law to request free water from any hotel. Even if you are not a client, you can use a hotel’s toilet for free even if it’s a 5 star hotel.

6. Domestic Violence Act of 2005:

In today’s time live-in relationships are so common because of which this law becomes extremely important to know about. Under this act, It is not illegal for a young boy and a young girl to live together in a “live-in relationship.” Even the baby from this connection is a legal son or daughter who has full ownership of his or her father’s possessions.

7. Maternity profit act of 1961

No company can fire a pregnant woman under the Maternity Profit Act of 1961. It might result in a maximum sentence of three years in jail.

If the company (government or private) employs more than ten people, the pregnant woman is entitled to 84 days of paid maternity leave.

8. Section 129 of motor vehicle act

Part 129 of the Indian Motor Automobile Act states that two-wheeler users must wear a helmet. Part 128 of the Motor Vehicle Act sets a maximum of two riders per motorcycle. This regulation also states that if a traffic cop takes something from a car or motorcycle, it is illegal. You have entire authority to file a legal proceeding against the officer.

9. The Most Retail Value Act of 2014

It states that a storekeeper cannot charge more than the written value of a product, but a shopper has the option to pay less than the stated value of a commodity.

10. Part -13 of the Hindu Marriage Act, 1955

It states that any husband or wife may file for divorce in a court of law on the grounds of adultery (a physical relationship outside of marriage), impotency, leaving home without notice, changing Hindu faith and adopting a different faith, madness, incurable illness, and no information about the husband or wife.

Laws in India children need to know

Out of tons of subjects and important topics missing from our Indian curriculum, laws are one of the most important.

Here are some laws each and every child needs to be aware of, regardless of all variable factors:

I LAWS AGAINST CHILD LABOUR

Image source: Google | Image by: **Nikita Roy**

Children below 14 years of age – can work in family enterprise or entertainment industry as artists with certain conditions

Children between 14-18 years of age- cannot work in any factory, mine or any other hazardous setting, without exception

Children cannot be made to overwork or even work night shifts.

These laws are made clear in article 24 of the Indian constitution and acts that were passed in its pursuance.

II LAW AGAINST SEXUAL OFFENCES

Image source: Google | Image by: Manisha Yadav scroll.in

The Protection of Children from Sexual Offences(POCSO), amendment Bill 2019 protects children below 18 against:

Sexual assault against children
Child pornography
Harassment
Drugs being administered to them to bring about early sexual maturity

POCSO aims at making offences against children gender-neutral.

III ENSURING FREE AND COMPULSORY EDUCATION

Image source: Google | Image by: **Aprajita Jha**

The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), 2009, Article 21A of the Indian constitution, ensures free and compulsory education to everyone between 6 to 14 years of age. 25% of seats in all private institutions are reimbursed by the state to which kids are admitted based on economic status or caste-based reservations.

The Right to education of a specially enabled child (under 18 years of age) has separate legislation that is laid down under the Persons with Disability Act.

IV PROHIBITION OF CHILD MARRIAGE

Image source: Google | Image by: OBJECTIVE IAS

Any marriage in which either the boy is under 21 or the girl is under 18, is child marriage.

Prohibition of Child Marriage Act, 2006 serves the following purpose:

Prevents child marriages
Protects the children involved
Prosecutes the offenders

Child marriages, under the above-mentioned act, are cognizable and non-bailable offences. This law also prescribes punishment for performing, conducting and abetting child marriage. Permitting or promoting these marriages by the parents of a child is punishable.

POCSO penalizes penetrative sexual assault on a child by anyone related to the child through marriage

Section 375IPC penalizes sexual acts with a girl below 18 years of age, with or without her consent.

V LAWS AGAINST TRAFFICKING

Image source: Google | Image by: *Jessica Gooding*

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill of 2018 addresses this crime affecting mostly children and women.

This bill addresses:

Aggravated trafficking for forced labour
Begging
Trafficking by administering chemical substances or hormones for the purpose of early sexual maturity
Trafficking for marrying, under the ploy of marriage or after marriage.
Promotion or facilitation of such crimes

So these were some of the children specific laws other basic laws such as the right to equality, right to life, right against discrimination etc. should also be taught to children.

Here are some of the basic ways we can spread awareness:

Including basic laws and fundamental rights in school textbooks.
Making young parents aware of the laws.
Workshops, seminars, etc. in educational institutions.
Including them in cartoon shows and podcasts for children.

To all the parents reading this, ensure your child is safe and comfortable and make them aware of all the laws to ensure their well-being.

To all the children reading this,

If you’re being hurt in any manner, verbal abuse, beatings, bad touch, not being provided with essentials or absolutely anything that is making you feel uncomfortable, REPORT.

Here are some of the few actions you can take:

Image source: Google | Image by: Sage Day

Tell a trusted adult, your parents, grandparents, school counsellors or teachers. You can also tell a friends’ parent, or any other adult you trust.

Don’t have an adult you trust, don’t worry as there is support available, you can always call childline number 1098.

As a child being harassed, you might be threatened to stay mum, but it’s important you raise your voice.

If you think any of your friends or someone you know is being abused or suffering in any manner, you should tell your parents or teachers.

Child-friendly mechanisms are used in all stages of your case and you don’t ever need to hesitate to report when something unfair is happening to you. You don’t deserve that ordeal.

References:

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